Luis Guillermo Benítez Torres attends the Sinaloa State Court to demand that acts that he considers violating his rights committed by eight council members be reviewed
Mayor Luis Guillermo Benítez Torres went to the Electoral Tribunal of Sinaloa to promote a lawsuit for the protection of the political rights of citizens and challenge the actions of eight of the 12 councilors that make up the Mazatlán Cabildo.
The request was received by the TESIN this Tuesday, November 16 at 2:37 p.m.
Benítez Torres accuses council members Roberto Rodríguez Lizárraga, América Cynthia Carrasco Valenzuela, Francisca Osuna Velarde, Reynaldo González Meza, Jesús Rafael Sandoval Gaxiola, Rocío Georgina Quintana Pucheta, Martín Pérez Torres, and Paulina Sarahí Heredia Osuna of violation of electoral political rights by usurpation of functions and violence.
This, for holding public meetings in which they allegedly carried out the continuation of the First Extraordinary Session of the Cabildo, the Second Extraordinary Session of the Cabildo and a working meeting of the political consensus and governance commissions.
In the document, the Mayor argued that, according to article 26 of the Municipal Government Law of the State of Sinaloa, “The City Council may in no case perform, as a collegiate body, the functions of Municipal President, nor may he, by himself, those that correspond to the City Council ”.
And it describes that, according to article 38 of the same law, the following are powers and obligations of the Municipal President:
“I. Direct the government and municipal public administration and propose to the City Council the appointment of the Secretary of the City Council, the Treasurer and the Senior Official, as well as, appoint and remove the other municipal public servants, with the exception of the public servants attached to the Procurator Trustee; and, II. To preside over the sessions and direct the debates of the City Council, taking part in the deliberations with voice and vote ”.
According to numeral XLIX of Article 43 of the Government Regulations of the Mazatlan City Council, in no case may the City Council perform as a collegiate body, the functions of the Municipal President, nor may the Municipal President by itself be able to develop those that correspond to the City Council, it states in its argumentation.
“In this sense, state legislation strictly establishes the powers, obligations and attributions of the public servants who are members of the Mazatlán City Council, which cannot be usurped by a person other than them, unless there is an express provision that allows it”, states the objection brief.
“In a clear usurpation of functions, the council members violated my political-electoral rights to occupy and perform the position for which I was elected, as well as to call council meetings.”
Benítez Torres provided documentary evidence, including his proof of majority issued by the Municipal Electoral Council and which accredits him as elected Municipal President, photographs and journalistic notes in which the sessions of the Cabildo and the committee meetings chaired by América Carrasco Valenzuela and Roberto Rodríguez Lizárraga.
With these arguments, he asked the TESIN to keep him filing the lawsuit; that the indicated procedural address to receive notifications is considered, that the professionals indicated in the introit be considered authorized on their part: and, that in its procedural opportunity it resolves in accordance with the above.